Winn-Dixie Tries To Shut Down ShameOnWinnDixie.com; Activists Step Up Holiday Protests for Firing Cross-Dresser

WASHINGTON – The Supreme Court today granted certiorari in two federal court cases involving transgender youth challenging bans on their participation in local school and college sports. “Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status. Trans kids play sports for the same reasons their peers do–to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” said Joshua Block, Senior Counsel for the ACLU’s LGBTQ & HIV Project. “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.” “Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits. The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.” Earlier this year, efforts to enact a national ban failed in the U.S. Congress. Since 2020, 27 states have banned transgender youth from playing school sports. Many of these bans allow for invasive forms of sex testing that put all female student athletes at risk and open the door for any school official or adult to question and harass young women. In Florida, a 15-year-old junior varsity volleyball player was the subject of a police investigation after an anonymous accusation, prompting local officials to draft a 500-page report investigating her medical history, body weight, and anatomy. In Utah, a teenage basketball player was accused of being transgender by a member of the state board of education, leading to threats of violence against her and her family, and a teenager in Maine faced a similar attack from a state senator. In May, President Donald Trump bullied a 16-year-old transgender girl for participating in a high school track meet. Many women athletes have spoken out against bullying and discrimination against transgender student athletes. This includes Billie Jean King, Megan Rapinoe, Dawn Staley, Sue Bird, and Brianna Turner, as well as leading organizations fighting for gender equality in athletics including the Women’s Sports Foundation, the Women’s National Basketball Player’s Association, and the National Women’s Law Center. The two cases the Supreme Court has agreed to hear include: Little v. Hecox, a challenge brought by one transgender and one cisgender student athlete against Idaho’s 2020 ban on transgender athletes and requirements for sex testing West Virginia v. B.P.J., a challenge brought by a teenage transgender girl against West Virginia’s 2021 ban on transgender athletic participation The two cases charge the bans with violating the rights of transgender and cisgender female students under the Equal Protection Clause of the Fourteenth Amendment of the US Constitution. In addition, West Virginia v. B.P.J. argues that the bans violate Title IX, the federal law prohibiting sex discrimination in educational programs. Federal courts have blocked enforcement of these bans in both lawsuits. These cases are part of the ACLU’s Joan and Irwin Jacobs Supreme Court Docket.

The decision in Skrmetti v. U.S. is not the end of the road. We can, and must, show up for trans youth in the courts and in our communities.

WASHINGTON – This morning, the Supreme Court issued its ruling in U.S. v. Skrmetti, a challenge brought by three transgender adolescents, their families, and a Memphis-based medical provider against a Tennessee law banning gender-affirming hormone therapies for transgender people under 18. The Court agreed with parts of the Sixth Circuit’s opinion that allowed the law to take effect, holding that Tennessee’s SB1 does not draw a sex-based (or a trans status-based) line and thus only necessitates deferential review by the courts. That means SB1 can remain in effect. Notably, however, the decision is based on the record in and context of the Tennessee case and therefore does not extend to other cases concerning discrimination based on transgender status. “Today’s ruling is a devastating loss for transgender people, our families, and everyone who cares about the Constitution,” said Chase Strangio, Co-Director of the ACLU’s LGBTQ & HIV Project. “Though this is a painful setback, it does not mean that transgender people and our allies are left with no options to defend our freedom, our health care, or our lives. The Court left undisturbed Supreme Court and lower court precedent that other examples of discrimination against transgender people are unlawful. We are as determined as ever to fight for the dignity and equality of every transgender person and we will continue to do so with defiant strength, a restless resolve, and a lasting commitment to our families, our communities, and the freedom we all deserve.” “This is a heartbreaking ruling, making it more difficult for transgender youth to escape the danger and trauma of being denied their ability to live and thrive,” said Sasha Buchert, Counsel and Director of the Nonbinary and Transgender Rights Project at Lambda Legal. “But we will continue to fight fiercely to protect them. Make no mistake, gender-affirming care is often life-saving care, and all major medical associations have determined it to be safe, appropriate, and effective. This is a sad day, and the implications will reverberate for years and across the country, but it does not shake our resolve to continue fighting.” “Today the Supreme Court told Tennessee transgender youth and their families that they cannot access healthcare that is vitally important for a successful life,” said Lucas Cameron-Vaughn, Senior Staff Attorney at the ACLU of Tennessee. “This ruling creates a class of people who politicians believe deserve healthcare, and a class of people who do not. We will continue to stand with transgender people in Tennessee and are committed to realizing a world where all people belong, are valued, and can access the necessary healthcare they need.” U.S. v. Skrmetti began when a lawsuit was filed by the American Civil Liberties Union, the ACLU of Tennessee, Lambda Legal, and Akin Gump Strauss Hauer & Feld LLP on behalf of Samantha and Brian Williams of Nashville and their 16-year-old transgender daughter, as well as two other plaintiff families filing anonymously and Memphis-based physician Dr. Susan Lacy. The plaintiff families and Dr. Lacy argued that the law violates the Equal Protection rights of transgender adolescents. Under President Joe Biden, the United States intervened to also argue that the Tennessee law violates the Equal Protection Clause of the 14th Amendment. After President Trump’s inauguration, the U.S. reversed its position. Since 2021, 25 states have enacted categorical bans on gender-affirming medical care, such as hormone therapy and puberty-suppressant medications, for treating gender dysphoria in transgender youth yet readily allow those same medications for other and similar purposes for cisgender youth. Over 100,000 transgender people under 18 now live in a state with a ban on their health care. In January 2025, the Trump administration issued an executive order directing federal agencies to withhold funds from medical providers and institutions that provide gender-affirming medical treatments such as puberty suppressants and hormone therapies to any trans person under 19. That order was soon challenged on behalf of families, medical providers, and advocates by the ACLU and the Lambda Legal and is blocked from enforcement by a preliminary injunction. This case is a part of the ACLU’s Joan and Irwin Jacobs Supreme Court Docket.